SHRI. RAJAT PATEL, Mumbai v. DCIT CC-3(4), Mumbai

ITA 4640/MUM/2019 | 2008-2009
Pronouncement Date: 09-03-2021 | Result: Allowed

Appeal Details

RSA Number 464019914 RSA 2019
Assessee PAN AAIPP5183F
Bench Mumbai
Appeal Number ITA 4640/MUM/2019
Duration Of Justice 1 year(s) 8 month(s) 1 day(s)
Appellant SHRI. RAJAT PATEL, Mumbai
Respondent DCIT CC-3(4), Mumbai
Appeal Type Income Tax Appeal
Pronouncement Date 09-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 09-03-2021
Last Hearing Date 08-03-2021
First Hearing Date 08-03-2021
Assessment Year 2008-2009
Appeal Filed On 08-07-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUM BAI BEFORE SHRI SHAMIM YAHYA AM AND SHRI RAM LAL NEGI JM ITA NO. 4640/MUM/2019 (ASSESSMENT YEAR: 2008-09) SHRI RAJAT PATEL 1003-04 A WING QUANTUM PARK UNION PARK OFF CARTER ROAD KHARDANDA KHAR (W) MUMBAI-400 050 VS. DY. CIT CENTRAL CIRCLE-3(4) I. T. OFFICES M. K. ROAD NEW MARINE LINES MUMBAI-400 020 PAN/GIR NO. AAIPP 5183 F ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI KIRIT SANGHVI RESPONDENT BY : SHRI BHARAT ANDHLE DATE OF HEARING : 08.03.2021 DATE OF PRONOUNCEMENT : 09.03.2021 O R D E R PER SHAMIM YAHYA A. M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-51 MUMBAI (L D.CIT(A) FOR SHORT) DATED 13.06.2019 AND PERTAINS TO THE ASSESSMENT YEAR (A.Y .) 2008-09 WHEREIN FOLLOWING PENALTY LEVIED U/S.271(1)(C) HAS BEEN CONFIRMED AS UNDER: ASSESSMENT YEAR AMOUNT OF PENALTY 2008-09 RS.3 64 260/- 2. AT THE OUTSET IN THIS CASE THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL WITH REFERENCE TO WHICH THIS PENALTY HAS BEEN LEVIED HAS ALREADY BEEN DECLARED BY THE ITAT IN FAVOUR OF THE ASSESSEE INAS MUCH AS ITAT HAS QUASHED THE ASSESSMENT ON JURISDICTIONAL GROUND. 3. UPON HEARING BOTH THE PARTIES AND PERUSING THE R ECORDS WE FIND THAT QUANTUM APPEAL WITH REFERENCE TO WHICH THIS PENALTY HAS BEE N MADE IS ALREADY BEEN QUASHED BY THE ITAT IN ITA NOS. 3183 & 3185/MUM/2015 VIDE ORDER DA TED 25.04.2019. 2 ITA NO. 4640/MUM/2019 (ASSESSMENT YEAR: 2008-09) 4. IN THIS VIEW OF THE MATTER WHEN QUANTUM APPEAL HAS ALREADY BEEN DECIDED IN FAVOUR OF THE ASSESSEE THE PENALTY LEVIED WITH REF ERENCE TO THE SAME DOES NOT SURVIVE. ACCORDINGLY WE SET ASIDE THE ORDERS OF THE AUTHORI TIES BELOW AND DELETE THE PENALTY. 5. IN THE RESULT THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED UNDER RULE 34(4) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES 1962 BY PLACING THE DETAILS ON THE NOTICE BOARD ON 09.03.20 21 SD/- SD/- (RAM LAL NEGI) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 09.03.2021 ROSHANI SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR ITAT MUMBAI 6. GUARD FILE BY ORDER (DY./ASSTT. REGISTRAR) ITAT MUMBAI